Victims of sexual assault are traumatized. Their control has been taken away from them, and they want to regain it however possible. One way they wish to do so is by protecting their privacy. It can be challenging to keep things private, but the need for confidentiality in sexual assault reporting is essential.
Without this confidentiality, people may not be willing to come forward and share their experiences.
Ownership
Information relating to the victim of a sexual assault belongs to that victim. Only they have the right to share it with others. This information may include the options discussed with them, written notes and materials relating to the assault, and services requested or received.
Right of Refusal
Sexual assault victims are not required to share any information. Law enforcement, prosecutors, hospital staff members, family members, and friends may ask about the assault. The victim does not need to disclose any personal or confidential information. Their sexual orientation and history are theirs and nobody else’s.
The same goes for their medical history and any mental health services they have received. A sexual assault victim does not have to share their HIV status or any conversations they have had regarding the assault.
The victim should work with an advocate to understand the consequences of sharing or not sharing and how this could affect things moving forward.
The Role of the Advocate
A sexual assault victim needs somebody advocating on their behalf. This advocate must maintain the victim’s privacy at all times. The victim need complete control over their personal information if they are to heal and recover from the assault.
Voluntary Disclosure
The sexual assault victim should be allowed to explore their options and determine how they want their private information shared or used. The advocate can walk them through this process and ensure they know all available options.
The advocate can also explain the benefits and drawbacks of each option. Regardless of what the victim decides, this decision must be honored and respected. When using an advocate, the sexual assault victim must ensure this advocate knows what they legally can and cannot do with the victim’s information.
Advocates must be willing to accept the consequences if they refuse to disclose information that the victim does not want them to share. These consequences may vary by jurisdiction, so an experienced advocate is needed. They will understand these consequences.
Informed Consent
A sexual assault victim may allow their information to be released. However, before releasing this information, the party handling the disclosure must have informed consent and the victim’s authorization. If the victim is a child or a person with limited mental capacity, their legal guardian can provide this consent and approval.
Informed consent is needed because it shows the victim understands the benefits and risks of the information release and fully and freely consents to move forward with releasing it. When seeking informed consent, parties must have this authorization in writing. Furthermore, the authorization should have a time limit and outline exactly what information may be shared and with whom.
Authorization Withdrawal
A victim may provide informed consent and later change their mind. They have the right to withdraw the authorization to release their information at any time. When an advocate requests informed consent, they must explain that withdrawing the authorization will not affect any information already released. The victim and their advocate cannot retract information already released.
Every sexual assault victim needs to be treated with respect and dignity. Their information should never be shared without their consent. This consent must be obtained in writing to ensure all parties know the victim was in sound mind when making this decision. Doing so protects the victim from additional consequences of an assault that they had no control over.
